The local police department was trying to solve a recent series of murders. Possessing reasonable suspicion that the perpetrator resided in a neighborhood on the west side of the city, the police decided to search through the garbage of all the residents on garbage day. One of the houses the police visited belonged to the Trevor. Trevor had recently left two bags of garbage at the end of the driveway. They were both tied tightly and sealed well. While going through the bags, the police found evidence that placed Trevor at the scene of many of the murders. Trevor was subsequently charged, and the evidence found in the garbage bags was offered at trial. Trevor moved to suppress the evidence, arguing that the search violated the Fourth Amendment’s protection against unreasonable searches and seizures.
Should the evidence be suppressed?
A. |
Yes, because the search does not fall into any of the exceptions to the warrant requirement. |
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B. |
Yes, because the officers were basing their search on a mere reasonable suspicion. |
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C. |
No, because the plain view exception justifies this search. |
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D. |
No, because the Fourth Amendment does not apply to this search. |
Correct option is C : No, because the plain view exception justifies this search.
Explanation :
An administrator or Officer may embrace or seize the evidence without permission.
if a sheriff is on the proofs legally and the evidence is discovered in an obvious way. The sheriff or police officers are in the community on waste or rubbish or dump day which naturally does not control the privacy of anyone
Accordingly to the above scenario, it is a plain view.
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